The Wisconsin Granting Clause is a critical element in real estate law within the state of Wisconsin. This clause is commonly found in property deeds and serves as a legally binding statement that confirms the property owner's intention to transfer certain rights and interest in the property to the grantee (the person receiving the property). The Wisconsin Granting Clause typically comprises a set of specific words and phrases that outline the granter's intent to transfer ownership. Commonly used keywords in the clause include "convey," "grant," "bargain," "sell," and "release." These terms are carefully selected to ensure clarity and precision in establishing the transfer of property rights. There are different variations of the Wisconsin Granting Clause that can be used depending on the specifics of the property transfer. Some of these variations include: 1. Fee Simple Grants: This granting clause is used when the granter intends to transfer complete ownership and control of the property to the grantee. It establishes an absolute and unlimited interest in the property, providing the grantee with exclusive rights to use and dispose of the property as they see fit. 2. Life Estate Grants: In this type of granting clause, the granter transfers ownership of the property to the grantee for the duration of their lifetime. Once the grantee passes away, the property typically reverts to a remainder man, who is named in the clause or in a separate document. 3. Easement Grants: This granting clause is employed when the granter wants to grant the grantee limited rights to use or access a specific portion of the property. Easements can include rights-of-way, utilities, or other specific purposes, while retaining ownership of the property. 4. Quitclaim Deeds: While not precisely a granting clause, quitclaim deeds are a specific type of deed commonly used in Wisconsin. A quitclaim deed transfers whatever interest or claim the granter may have in a property, without making any representation or warranty about the validity of that interest. It is often used when the granter is uncertain about the extent or nature of their ownership. In conclusion, the Wisconsin Granting Clause is an essential component of property deeds within the state. It clearly defines the intent of the granter to transfer ownership or certain property rights to the grantee. The type of granting clause employed may vary depending on the nature of the property transfer, with fee simple grants, life estate grants, easement grants, and quitclaim deeds being among the most commonly utilized variations.
Habendum Clause
Description habendum clause vs granting clause
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706.09 Notice of conveyance from the record. (1) When conveyance is free of prior adverse claim. A purchaser for a valuable consideration, without notice as defined in sub.
The granting clause contains the verbiage of transfer of any right, claim, or privilege an individual has toward land or real property (interest) while the habendum clause defines the estate granted and outlines the extent of the interest conveyed.
The granting clause is the part of the verbiage in an instrument of conveyance, such as a deed to real estate, that actually transfers the grantor's interest (owner's interest) to the grantee's interest (buyer's interest).
On the death of one of 2 joint tenants, the survivor becomes the sole owner; on the death of one of 3 or more joint tenants, the survivors are joint tenants of the entire interest.
Granting Clause: The clause in the deed that lists the grantor and the grantee and states that the property is being transferred between the parties.
Typical granting clauses include language such as ?oil, gas, and other minerals,?2 ?oil and all gas of whatsoever nature or kind,?3 or some variation of these simplistic descriptions.
States that follow the Race-Notice statute: Alaska, Arkansas, California, Colorado, District of Columbia, Georgia, Hawaii, Idaho, Indiana, Maryland, Michigan, Minnesota, Mississippi, Montana, Nebraska, Nevada, New Jersey, New York, North Dakota, Ohio (regarding mortgages, OH follows the Race statute), Oregon, ...
A habendum clause is a clause in a deed or lease that defines the type of interest and rights to be enjoyed by the grantee or lessee. In a deed, a habendum clause usually begins with the words "to have and to hold".